법과 제도적 변화에 따른 어린이집 아동학대 판례분석

Objectives: The purpose of this study was to understand the impact of changes in legislations and institutions regarding child maltreatment on legal judgment and social norms for child maltreatment in daycare centers. Methods: We analyzed 126 judgment documents for criminal cases of child maltreatment perpetrated by daycare providers from 2000 to 2019. All the contents of the legal judgements were analyzed qualitatively and quantitatively. Results: In accordance with the changes in child abuse-related laws, the system was subdivided into a period of system formation for the prevention of abuse, a period of strengthening punishment and accountability, and a period of institutional improvement. Several child maltreatment laws and regulations have been revised and enacted. Remarkably, the enactment and enforcement of the Act on Special Cases Concerning the Punishment of Child Abuse Crimes in 2014 and the Child Care Act in 2015 had an impact on the changes of the sentencing towards perpetrators of child maltreatment in daycare centers. Conclusions: Changes in the legislations and child protection systems have directly impacted childcare providers' perceptions towards child maltreatment and practical responses in the daycare field. Therefore, government policies and priorities for enacting laws and administrating a robust child protection system should be strengthened at the national level.